NATIONAL INSURANCE CO. LTD Vs. LALVULMAWII

JUDGEMENT

(1.) Heard Mr. Johny L. Tochhawng, learned counsel appearing for the applicant and Mr. L.H. Lianhrima, learned Senior counsel appearing for the respondent Nos. 1-7. None appeared for the respondent Nos. 8 & 9.

(2.) The present appeal is filed by the appellant Insurance Company against the impugned Judgment and Award dtd. 2/12/2019 passed by the MACT, Aizawl in MACT Case No. 44/2018, by which the compensation amount of Rs.84,06,564.00 (Rupees eighty four lakhs six thousand five hundred sixty four)only has been awarded along with interest @ 7% per annum from the date of filing of the claim petition, i.e. 17/9/2018 till final payment.

(3.) Brief facts of the case is that on 29/6/2018 @ 9:10 one vehicle B/R No.AS-01-DD-9295 (LPK Tipper) belonging to M/S Sun Logistic Prop Swati Krishna Das which was driven by Altab Hussain Laskar, S/o Kutub Uddin Laskar, Ramnagar met an accident at Hunthar Veng, Vaivakawn Company Peng-Sairang road. The vehicle was overturned and the front portion was severely damaged. The driver and three other occupants of the said vehicle were injured and sent to Civil Hospital, Aizawl for medical treatment. The said vehicle also ran over and dashed against one Lalrinfela S/o Lalvulmawii who was walking on the footpath. Hence, Vaivakawn P/S C/No. 106/18 dt. 30/6/2018 u/s 279/304(A)/337 IPC was registered against the said driver. The deceased Lalrinfela had joined the 14th Assam Regiment as Army Personal since 2012 for monthly salary of Rs.39,591.00 till he died in the road traffic. He was 27 years of age. The vehicle B/R No. AS-01-DD-9295 involved in the accident was validly insured with the instant Appellant/National Insurance Co. Ltd. under policy No.2000102311810000965 (package policy) which has its validity from 21/6/2018 till 20/6/2019.